ALBERT v. FASSLER IRON WORKS


35 A.D.2d 970 (1970)

Robert J. Albert, Respondent, v. Fassler Iron Works, Appellant; Gerosa Haulage Warehouse Corporation, Respondent, and Consolidated Edison Company, Appellant-Respondent, et al., Defendant. (And Third- and Fourth-Party Actions.)

Appellate Division of the Supreme Court of the State of New York, Second Department.

December 21, 1970


Judgment modified, on the law, by striking therefrom the decretal provisions in favor of plaintiff against the appealing defendants and in favor of defendant Consolidated Edison Company against defendant Fassler Iron Works and by substituting therefor a provision that, as between plaintiff and said defendants and as between said defendants (upon the cross complaint of defendant Consolidated Edison Company), the action is severed and a new trial limited to the issue of damages...

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